Disabled People and Employment Policy and Employer Practice

Implications for Improving Employment Outcomes for Young Disabled People

Susanne M. Bruyère, Ph.D., CRCEmployment and Disability Institute

ILR School, Cornell University

Leverhulme International Network SymposiumCombating Young Disabled People's Worklessness:

An International Network

University of Durham, September 5, 2013

1www.edi.cornell.edu

Research conducted under The Rehabilitation Research and Training Center on Employer Practices Related to Employment Outcomes Among Individuals with Disabilities at Cornell University funded by the U.S. Department of Education, National Institute on Disability and Rehabilitation Research (Grant No. H133B040013).

Cornell University Worldwide

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Cornell University

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Employment and Disability Institute• Founded in 1960s – as a Rehabilitation Research

Institute on small business best practices applied to community rehabilitation programs

• Now has a focus on workplace policy and practice maximizing full inclusion of people with disabilities

• Conducting research and providing training and technical assistance

• Self-supporting through grants and contracts• Over 40 staff; very multi-disciplinary

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Disciplines Represented– Economics– Law– Psychology (rehabilitation; I/O psychology)– Mathematics; statistics– Environmental Analysis and Design– Human Resources– Vocational Rehabilitation– Business/management/corporate – Survey Research– Web Technical Team – (i.e. for Web, Webinars)– Administrative Support

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Presentation Overview• Importance of multidisciplinary approach• A variety of approaches to assess current U.S.

workplace practices regarding recruitment, hiring, retention, advancement and inclusion

• Experiences of disabled people in the workplace• Implications for effective public policy and

employer practices to improve employment outcomes for youth with disabilities

• Comparisons with selected other countries (in conversation with colleagues during event)

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Importance of Interdisciplinary Research

• Scope and magnitude of social issues are multi-faceted and now require a diversity of methods, theories and practices

• Effective response to the complexity of current disability and rehabilitation-related issues

• Broadens the scope of the investigation• May yield fresh and possibly unexpected results• May give birth to new hybrid disciplines

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Interdisciplinary Research• Studies that integrate the analytical strengths of

two or more often disparate scientific disciplines to solve a given problem (NIH, 2005)

• Different bodies of knowledge and different approaches are represented in research group

• Nature of the problem determines the selection of the group personnel/expertise included

• Members of the group work on a common problem (e.g. improving employment outcomes)

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Demand-Side• Economic development

• Impact of technology• Impact of globalization• Enhanced emphasis on

productivity• Rising health care costs

• Workplace culture, inclusion, diversity

Supply-Side• Education/skills training• Workforce development

• Transition to work • Securing and retaining

employment• Access to related

supports (health care, transportation, housing)

• Inclusion (employment disability

nondiscrimination)

Government, Legal & Regulatory

• Trade agreements, acquisitions & mergers

• Economic & workforce development initiatives

• Health care policy and related health insurance state

regulations• Employment

nondiscrimination legislation • Workplace safety and state

workers' compensation legislation

• Income maintenance

What are possible sources of information to assess employer practices impact?• National survey data (e.g., ACS, CPS, other)• Administrative data (e.g., EEOC, RSA 911,

etc.)• Surveys of employers/HR professionals• Employer case studies (organizational data,

surveys of employees and supervisors)• Surveys of people with disabilities, family

members, and service providers10

Use of National Survey Data -Evidence of Economic Inequality

• The employment rate in 2011 of people with disabilities aged 21-64 was 33.4%, compared to 75.6% of people without disabilities.*

• In the year 2011, an estimated 27.8% of civilian men and women aged 21-64 with a disability in the U.S., lived in families with incomes below the poverty line, compared to an estimated 12.4% of civilian men and women without a disability.

Erickson, W. Lee, C., & von Schrader, S. (2013). 2011 Disability Status Report: United States. Ithaca, NY: Cornell University, ILR School, Employment and Disability Institute (EDI).

Disability Status Reports: U.S. and Individual States

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Administrative Data: Disability and Compensation Variables

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Example - Using Administrative Data • Based on Cornell research using U.S. EEOC Discrimination

Charge Data, enforcing the ADA employment provisions• Intergovernmental Personnel Act Agreement with the U.S. EEOC

to access the data• All employment discrimination charges from 1993 – 2007 with a

focus on the ADA/disability charges• 462,956 charges filed under ADA alone or jointly • Includes the basis (trait upon which discrimination is based)

and issue (discriminatory behaviour)• Includes characteristics of the charging party (age, sex, and

race), employer (Standard Industry Code and size of the firm), case-specific details

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Charges by Statute per 10,000 People in the Labor Force with Protected Class Characteristics, 1993-2007

0102030405060708090

100

ADA

ADEA

Title VII-Nonwhite

Title VII-Female

(Von Schrader, S (2010). Calculations using EEOC charge data. Cornell University, Employment and Disability Institute 15

ADA Charges Over time By Age Group

0%

10%

20%

30%

40%

50%

60%

Perc

ent o

f Cha

rges

16-39 40-5455+

(Von Schrader, S (2010). Calculations using EEOC charge data. Cornell University, Employment and Disability Institute 16

Impairments Most Often Cited in Charges

3.0%3.6%3.6%3.7%5.8%7.6%

9.8%12.3%13.1%

25.9%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

17(Von Schrader, S (2010). Calculations using EEOC charge data. Cornell University, Employment and Disability Institute

Employment Processes Most Often Cited

3.2%3.5%3.7%5.2%6.0%8.2%12.2%

18.8%24.7%

55.3%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

(Von Schrader, S (2010). Calculations using EEOC charge data. Cornell University, Employment and Disability Institute18

EEOC Charges by Issue, Basis, State

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Survey of SHRM Membership• Over 250,000 members; stratified sample

across industries and org. sizes• Online/phone based survey focused on:

o Recruitment and Hiringo Accessibility and Accommodationo Retention and Advancemento Barriers, Metrics and Training

• Data collected fall of 2011• Response rate: 23% (n=662)

20Society for Human Resource Management (2012). SHRM Survey findings: Employing people with disabilities: Practices and policies related to recruiting and hiring employees with disabilities. Retrieved from the SHRM website: www.shrm.org.

Barriers to Employment or Advancement

21Society for Human Resource Management (2012). SHRM - Cornell University Survey findings: Employing people with disabilities: Practices and policies related to recruiting and hiring employees with disabilities. Retrieved from the SHRM website: www.shrm.org.

Policies and Practices Related to Recruitment and Hiring

SHRM/Cornell study, 2012.      Note: Respondents who answered “don’t know” and “in development/under review" were excluded from this analysis.  

Our organization…

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Recruitment and Hiring Policies and Practices

23Society for Human Resource Management (2012). SHRM – Cornell University Survey findings: Employing people with disabilities: Practices and policies related to recruiting and hiring employees with disabilities. Retrieved from the SHRM website: www.shrm.org.

Accessibility and Accommodation Policies and Practices

24Society for Human Resource Management (2012). SHRM Survey – Cornell University findings: Employing people with disabilities: Practices and policies related to accessibility and accommodation for people with disabilities. Retrieved from the SHRM website: www.shrm.org.

Accessibility and Accommodation Policies and Practices

25Society for Human Resource Management (2012). SHRM - Cornell University Survey findings: Employing people with disabilities: Practices and policies related to accessibility and accommodation for people with disabilities. Retrieved from the SHRM website: www.shrm.org.

Retention and AdvancementPolicies and Practices

26Society for Human Resource Management (2012). SHRM – Cornell University Survey findings: Employing people with disabilities: Practices and policies related to retention and advancement. Retrieved from the SHRM website: www.shrm.org.

Retention and AdvancementPolicies and Practices

27Society for Human Resource Management (2012). SHRM – Cornell University Survey findings: Employing people with disabilities: Practices and policies related to retention and advancement. Retrieved from the SHRM website: www.shrm.org.

Creating a Disability Inclusive Workplace

Benefits of Inclusive Climates1. Across multiple samples, data show members of

historically marginalized groups (e.g., women, ethnic minorities, people with disabilities, aging workers) experience less discrimination and overall better work experiences in inclusive units

2. The demographic-based differences in experiences of “fit,” perceived fairness, harassment, engagement perceived organizational support that are commonly seen disappear in inclusive units, thereby enabling better group functioning

– Higher cohesion, better information exchange– Less conflict and miscommunication– More creative; higher financial performance

29Nishii, L. & Bruyere, S. (2009). Protecting employees with disabilities from discrimination on the job: The role of unit managers. In S. Bruyere (Chair), Workplace policies and practices minimizing disability discrimination: Implications for Psychology. Symposium conducted at the annual convention of the American Psychological Association in Toronto, Canada.

Inclusive Climates – 3 Dimensions

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•Do employment practices perpetuate stereotypes by favoring members of some demographic groups over others?•In order to “buy” message of inclusion, employees have to perceive HR practices to be fair

Fairness of employment practices

•Does the culture value integration of differences or expect assimilation to dominant norms?•Can employees enact and engage their “whole” selves?•Is there an expectation that everyone is both a teacher and learner?

Cultural integration of differences

•Are perspectives of diverse workforce actively sought and incorporated into decision making and core operational processes?• Do employees and managers share a common commitment to working

through differences as a source of insight and skill?

Inclusion in decision-making

Nishii, L. & Bruyere, S. (2009). Protecting employees with disabilities from discrimination on the job: The role of unit managers. In S. Bruyere (Chair), Workplace policies and practices minimizing disability discrimination: Implications for Psychology. Symposium conducted at the annual convention of the American Psychological Association in Toronto, Canada.

Details on people with disabilitiesEmployees with disability experience: • Less “fit” between their skills and demands of the job• Less empowerment on the job• Less (perceived) organizational support• Lower levels of procedural and interactional justice during the

accommodation process• Their work arrangements to be less fair (especially fairness of job

responsibilities & access to mentors)• Lower quality relationships with their managers• Their units and managers’ behaviors to be less inclusive

Perhaps therefore:• Lower organizational commitment & job satisfaction• But turnover intentions are not any higher

31Nishii, L. & Bruyere, S. (2009). Protecting employees with disabilities from discrimination on the job: The role of unit managers. In S. Bruyere (Chair), Workplace policies and practices minimizing disability discrimination: Implications for Psychology. Symposium conducted at the annual convention of the American Psychological Association in Toronto, Canada.

Experiences are better in inclusive units

• Individuals with disabilities who work in inclusive climates report significantly– Greater success at having their accommodation

requests granted– Greater coworker support of their accommodations– Better experiences of procedural and interactional

justice during accommodations– Lower levels of disability harassment/discrimination– Higher Organizational commitment and satisfaction– Lower turnover intentions

32Nishii, L. & Bruyere, S. (2009). Protecting employees with disabilities from discrimination on the job: The role of unit managers. In S. Bruyere (Chair), Workplace policies and practices minimizing disability discrimination: Implications for Psychology. Symposium conducted at the annual convention of the American Psychological Association in Toronto, Canada.

Experiences are better for employees with disabilities who enjoy high quality relationships with their managers

• Individuals with disabilities who are included in their manager’s “ingroup” report:– Higher fit between skills and demands of job– Higher empowerment– Fairer treatment during the accommodation process– Higher organizational commitment, satisfaction, and

willingness to engage in citizenship behaviors– Lower turnover intentions

33Nishii, L. & Bruyere, S. (2009). Protecting employees with disabilities from discrimination on the job: The role of unit managers. In S. Bruyere (Chair), Workplace policies and practices minimizing disability discrimination: Implications for Psychology. Symposium conducted at the annual convention of the American Psychological Association in Toronto, Canada.

Example of Survey of People with Disabilities: AAPD/Cornell University

• Survey of AAPD membership and others (e.g. SAMSHA distribution list)

• Used social media to distribute• Survey focused on key issues such as credit

checks prior to employment application, disability disclosure, and others

• Approximately six hundred respondents

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“Very important” factors, when deciding to disclose a disability to an employer

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Persons with a disability (N=598)

Need for accommodation 68.2

Supportive supervisor relationship 63.5

Disability friendly workplace 56.8

Active disability recruiting 50.5

Knowing of other successes 49.9

Disability in diversity statement 48.9

Belief in new opportunities 40.7

von Schrader, S. Malzer, V., Erickson, W., & Bruyère , S. (2010). Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners.

“Very important” factors when deciding to NOTdisclose a disability to an employer

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Persons with a disability (N=598)

Risk of being fired/not hired 73.0Employer may focus on disability 62.0Risk of losing health care 61.5Fear of limited opportunities 61.1Supervisor may not be supportive 60.1Risk being treated differently 57.8Risk being viewed differently 53.8No impact on job ability 44.0Desire for privacy 27.9

von Schrader, S. Malzer, V., Erickson, W., & Bruyère , S. (2010). Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners.

Percent who disclosed at different points in the employment process

37von Schrader, S. Malzer, V., Erickson, W., & Bruyère , S. (2010). Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners.

Percent who experienced negative consequences of disclosure

38von Schrader, S. Malzer, V., Erickson, W., & Bruyère , S. (2010). Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners.

Creating an Environment that Encourages Disclosure

Demonstrate disability inclusiveness through: – Actively recruiting people with disabilities– Conducting disability awareness training for staff– Enacting flexible workplace policies– Having fair systems to address complaints– Creating accessible workplaces– Fostering supportive supervisor-staff relationships– Including disability in the diversity statement

39von Schrader, S. Malzer, V., Erickson, W., & Bruyère , S. (2010). Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners.

Barriers: Lack of Access• Young people with disabilities often lack

access to formal education• Physical access to employment difficult• Transportation costs• Inaccessible workplaces• Inaccessible information• Lack of access to funding

40Bruyère, S., Mitra, S., & VanLooy, S. (2011). Chapter 8 : Employment and work. In World Report on Disability and Rehabilitation. Geneva : World Health Organization.

Barriers:Misconceptions about Disability

• Belief people with disabilities are less productive

• Ignorance or prejudice about mental health conditions

• Low self-expectations due to misconceptions

41Bruyère, S., Mitra, S., & VanLooy, S. (2011). Chapter 8 : Employment and work. In World Report on Disability and Rehabilitation. Geneva : World Health Organization.

Barriers: Discrimination• Employers misconceptions about

capabilities• Employers may not wish to include

people with disabilities in workforce• Different impairments elicit different

degrees of prejudice• Strongest prejudice exhibited towards

people with mental health conditions42Bruyère, S., Mitra, S., & VanLooy, S. (2011). Chapter 8 : Employment and work. In World Report on Disability and

Rehabilitation. Geneva : World Health Organization.

Addressing the Barriers• Laws and regulations• Tailored interventions• Vocational rehabilitation and training• Self-employment and microfinance• Social protection• Working to change attitudes

43Bruyère, S., Mitra, S., & VanLooy, S. (2011). Chapter 8 : Employment and work. In World Report on Disability and Rehabilitation. Geneva : World Health Organization.

Addressing Barriers: Laws and Regulations

• Anti-discrimination lawsMake it illegal to discriminate on basis of disability; may include reasonable accommodation in formal economy; (voluntary and mandatory); more successful in retention outcomes

• Affirmative actionRequire proactive hiring efforts; sometimes targets to raise the number of people in employment; sometimes separate laws and sometimes imbedded in constitutional anti-discrimination clauses

44Bruyère, S., Mitra, S., & VanLooy, S. (2011). Chapter 8 : Employment and work. In World Report on Disability and Rehabilitation. Geneva : World Health Organization.

Addressing Barriers: Tailored Interventions

• Quotas• Incentives to employers• Supported employment• Sheltered employment• Employment agencies• Disability management

45Bruyère, S., Mitra, S., & VanLooy, S. (2011). Chapter 8 : Employment and work. In World Report on Disability and Rehabilitation. Geneva : World Health Organization.

Addressing Barriers: Working to Change Attitudes

• Presence of disability in workplace itself can change attitudes in that workplace

• In UK, Employers’ Forum on Disability pioneers approaches for perception change (encouraging business to think in terms of fairness, capability, and investment in human capital rather than quotas)

• Changing employer attitudes improves chances of promotion/advancement

• Increased education about employment legislation associated with more positive attitudes

46Bruyère, S., Mitra, S., & VanLooy, S. (2011). Chapter 8 : Employment and work. In World Report on Disability and Rehabilitation. Geneva : World Health Organization.

Recommendations: Governments• Laws and regulations

Enforce antidiscrimination; harmonize public polices

• Changing attitudesEmployer awareness; public beliefs; model employers

• Public programsAccessible vocational programs; mainstream employment services; mainstream social protection programs

• Data collectionInclude pwd in labor market data collection; use internationally agreed upon indicators

47Bruyère, S., Mitra, S., & VanLooy, S. (2011). Chapter 8 : Employment and work. In World Report on Disability and Rehabilitation. Geneva : World Health Organization.

Recommendations: Employers• Hire people with disabilities and make

accommodations• Set up disability management programs to

support return to work after disability onset• Develop partnerships with local employment

agencies, schools, training programs, social programs

• Ensure all supervisors and HR staff are familiar with legal requirements regarding accommodation and nondiscrimination

• Strive to become a model employer

48Bruyère, S., Mitra, S., & VanLooy, S. (2011). Chapter 8 : Employment and work. In World Report on Disability and Rehabilitation. Geneva : World Health Organization.

Policy and Practice Implications • Visible top management commitment a must• Incorporate into performance management• Attention throughout the employment process• Targeted disability initiatives (community

outreach, mentoring, training, ERGs, CSR, etc.)• Develop more robust metrics across the

employment process• Attend to climate for inclusion

49Bruyère, S., Mitra, S., & VanLooy, S. (2011). Chapter 8 : Employment and work. In World Report on Disability and Rehabilitation. Geneva : World Health Organization.

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Related Cornell ReferencesBjelland, M., Bruyère, S., von Schrader, S., Houtenville, A., Ruiz-Quintanilla, A., Webber, D. (2009). Age and

disability employment discrimination: Occupational rehabilitation implications. Journal of Occupational Rehabilitation. DOI 10.1007/s10926-009-9194-z.

Bruyère , S. & Barrington, L. (2012). Employment and work. Los Angeles, CA: Sage Reference.Bruyère , S. Erickson, E., and VanLooy, S. (2006). The impact of business size on employer ADA response.

Rehabilitation Counseling Bulletin 49(4), 194-206.Bruyère, S., Mitra, S., & VanLooy, S. (2011). Chapter 8 : Employment and work. In World Report on Disability and

Rehabilitation. Geneva : World Health Organization.Bruyère , S., von Schrader, S., Bjelland, M., & Coduti, W. (2011). U.S. employment disability discrimination

charges: Implications for disability management practice. International Journal of Disability Management.Erickson, W. Lee, C., & von Schrader, S. (2013). 2011 Disability Status Report: United States. Ithaca, NY: Cornell

University Employment and Disability Institute (EDI).Erickson, W. von Schrader, S., Bruyère , S., & VanLooy, S. (in press). The employment environment: Employer

perspectives, polices, and practices regarding the employment of persons with disabilities. Rehabilitation Counseling Bulletin.

Golden, T., Bruyère, S., Karpur, A., Nazarov, Z., & VanLooy, S. (2012). Workforce development policy: Unrealized potential for Americans with Disabilities. Rehabilitation Education, 26(1), 5-18.

Nishii, L. & Bruyere, S. (2009). Protecting employees with disabilities from discrimination on the job: The role of unit managers. In S. Bruyere (Chair), Workplace policies and practices minimizing disability discrimination: Implications for Psychology. Symposium conducted at the annual convention of the American Psychological Association in Toronto, Canada.

von Schrader, S., Malzer, V., & Bruyère, S. (2013). Perspectives on disability disclosure: The importance of employer practices and workplace climate. Employee Responsibilities and Rights Journal. Advance online publication. doi: 10.1007/s10672-013-9227-9

Further Related Resources• 2011 U.S. Disability Status Report - www.disabilitystatistics.org• HR (human resources) Tips – www.hrtips.org

• Leveling the Playing Field: Attracting, Engaging, and Advancing People with Disabilities- http://digitalcommons.ilr.cornell.edu/edicollect/1292/

• Employer Best Practices Supporting the Hiring, Retention, and Promotion of People with Disabilities: A Bibliography-http://digitalcommons.ilr.cornell.edu/edicollect/1291/

• Cross-Dataset Catalog of Disability and Compensation Variables-http://disabilitystatistics.org/eprrtc/codebook.cfm

• Learn more about employment discrimination charges filed under the Americans with Disabilities Act-http://disabilitystatistics.org/eeoc/

• Global Applied Disability Research and Information Network on Employment and Training (GLADNET) Infobase -- www.gladnet.org

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